I-485 filing for Spouse


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My wife is on J1 and her I-140 application was filed on 30th May under EB-1A. Due to death of a family member I went out of USA for one month and I came back on J2 Visa, initially I was on F1 Visa.

Her lawyer is suggesting that I shouldn't file I-485 application with her mentioning that it will be a fraud because J2's intent is non-immigrant. Neither consular at Visa office nor immigration officer asked any question on intent of my visit to USA.

What options do I have to file I-485?? When a foreigner can change his/her intent from non-immigrant to immigrant. Is there any time period prescribed by USCIS ???

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